SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(Raj) 2370

AJAY RASTOGI, DEEPAK MAHESHWARI
Kailash Chand Meena – Appellant
Versus
Gopi Devi Meena – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.S. Bapna, Sarvesh Jain
For the Respondent: Vinod Kumar Sharma

JUDGMENT :

Deepak Maheshwari, J.

1. This misc. appeal is directed against the judgment & decree dated 22.05.2014 passed by the ld. Family Judge No. 1, Jaipur in Suit No. 01/2006 (Kailash Chand Meena v. Smt. Gopi Devi Meena), whereby he dismissed the suit seeking to declare the marriage between the parties as null & void. The short question involved in the appeal for our consideration is that whether the resolution dated 17.01.2004 (Ex. 1) of Caste Panchayat to dissolve the marriage between the parties as per the customs prevalent in then-caste, who are members of Scheduled Tribe and therefore, exempt from the applicability of the Hindu Marriage Act, 1955 ('the Act') u/S. 2(2) of the said Act, can be relied upon as an authentic and genuine document. This issue is to be examined further whether affidavit (Ex.-2) allegedly sworn in by respondent Gopi Devi and the marriage dissolution deed (Ex.-3) can also be given credence or not?

2. The suit came to be filed by appellant-plaintiff Kailash Chand Meena on 15.12.2005 in ld. Family Court No. 1, Jaipur with the averments that both the parties belong to caste 'Meena', whose marriage took place on 25.05.1983 as per Hindu customs & rituals at v





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top